Legal Question in Family Law in Florida
Moving of child jurisdiction
I wrote earlier stating I moved from Florida to Mass. in 2005 with permission from the court. The modification order reads at the end that the court retains jurisdiction for enforcing the original dissolution of marriage. My children are 13 and 16. I want to modify the visitation because there are big issues with the current order as the children are older now. They are also in therapy in Mass. due to issues they each have with their relationship with their Dad. I would like them to have a voice in the matter which is why I want to modify in Mass. Can this be done and if so, how?
3 Answers from Attorneys
Re: Moving of child jurisdiction
Jurisdiction is where the children legally reside. I believe there is where an action for modification lies.
Re: Moving of child jurisdiction
You should consult with a Florida attorney as to whether the language on jurisdiction applies to modification of the child-related terms. That attorney will most likely want to see the judgment itself. "Enforcement" and "modification" are different concepts in -my- mind, but I am ---not--- a Florida attorney.
As there is a contempt in Florida, you should seek assistance there as a starting point. If that attorney then says that a Massachusetts Court can modify the child-related terms, you should obtain assistance here. These matters can be knotty enough for attorneys; you should not go without one.
Re: Moving of child jurisdiction
Regardless of which court eventually modifies, you HAVE TO appear in Florida to respond to the contempt motion he has already filed. Let the judge know you want modification and ask that it please be transferred to MA. You don't even have to file a separate action -- he has already done it for you! Nobody better than the court to decide whether the court retained jurisdiction. From the facts you have stated here, it is very likely that jurisdiction will be transferred to MA. You should seek Florida counsel immediately.